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New Zealand
Journal of Employment Relations
Volume 36 Number 3 In the latest New Zealand Journal of Employment Relations the following topics are covered. If you wish to read the full articles or download the entire NZJER issue you need to subscribe to the NZJER. If you are already a subscriber please log in here. Introducing the Forum The emergence of this Issue High profile disputes bring less-recognised employment relations topics to the forefront of public attention. The 2010 dispute surrounding the Hobbit production involved one of the world‟s major screen productions, an international boycott by actors, and the possibility of the production being relocated to another country. As such, it formed a major event in employment relations. The passion and controversy associated with the dispute gained international attention, creating a renewed interest in the relationships between business, Government, and unions as well as rekindling the debates surrounding non-standard employment and collective representation. The dispute formed a vital case study that warrants dedicated coverage in an employment relations journal. Editorial team Rupert Tipples, Supervising Editor Bernard Walker, Guest Editor A Synopsis of the “Hobbit Dispute” A.F TYSON* Abstract The dispute between New Zealand Actors Equity (NZAE) and The Hobbit Film Production appeared to industry outsiders to have come out of nowhere. However, it was actually the most high profile of a number of actions taken by NZAE to negotiate collective contracts for its members. The intense media interest combined with unexpected cultural and political forces to impact upon the resolution of this industrial dispute. This synopsis surveys media coverage to introduce the main parties to the dispute and draw a chronological overview of the events that led to the National Government changing employment law with regard to film performers. * A.F Tyson is currently a Research Assistant at the University of Canterbury. How does non-standard employment affect workers? A consideration of the evidence BERNARD WALKER* Abstract Non-standard employment is an increasingly significant component of labour arrangements. A long-running debate concerns the consequences of this form of employment with opponents arguing that it disadvantages workers. Although considerable research has occurred, the findings are largely inconsistent and inconclusive. This paper explores recent studies and the matters that need to be addressed in order to develop a more comprehensive explanation. It proposes a need to broaden the agenda to explore the processes and contexts leading to the introduction of non-standard employment. * Bernard Walker is a Senior Lecturer in Organisational Leadership and Development at the University of Canterbury. The Hobbit Dispute Abstract
One Law to Rule Them All
Non-standard Work: an Employer Perspective BARBARA BURTON Abstract Barbara Burton, from Business NZ, provides an invited comment looking at the issue of non-standard work from an employer/business perspective. International labour standards and NZ legislation are viewed in relation to the growing use of non-standard work. She proposes that this represents a way of meeting the needs of a diverse labour market, which potentially benefits both the employer and worker. Insights into Contracting and the Effect on Workers MP DARIEN FENTON Abstract Independent Contractor vs. Employee PETER KIELY* Introduction The distinction between independent contractors and employers has long been a contentious issue in employment law and the subject of much litigation. The focus of the first part of this paper is the development of judicial tests traditionally used to determine the status of a worker. This will include a review of notable judicial authorities on the matter, along with a consideration of the ongoing relevance of these tests following legislative developments on the independent contractor/employee distinction in more recent times. The second part of this paper will explore the practical implications associated with the distinction, including a consideration of the advantages and disadvantages associated with each status. This section will include a brief discussion of the potential financial and legal implications for a business where a worker, initially thought to be an independent contractor ('contractor'), is found to an employee. * Peter Kiely is Senior Partner at Kiely Thompson Caisley, solicitors in Auckland and Wellington. He has practised in the field of industrial law, employment relations and employment law since 1980. He is Adjunct Professor of Employment Law at Victoria University, Wellington. “...Where the Shadows lie”:
Confusion, misunderstanding, and misinformation about workplace status. Abstract Constitutional Implications of ‘The Hobbit’ Legislation MARGARET WILSON* Abstract In October 2010 an amendment to the Employment Relations Act 2000 was passed under urgency. This amendment redefined the employment status of workers in the film industry. This article addresses the constitutional implications of this process, contrasting the stated need for urgency in relation to the need to necessary to preserve jobs on the 'Hobbit' film production, with the costs in terms of removing the opportunity for consultation with the workers affected, altering their employment status and their capacity to negotiate their remuneration and conditions of work. * Margaret Wilson is Professor of Law and Public Policy at the University of Waikato, New Zealand A Political Economy of ‘The Hobbit’ Dispute NIGEL HAWORTH* Abstract This article analyses the "Hobbit Dispute" in terms of a political economy of the global film industry and its connections in New Zealand. It explores the dynamics of the inter-relationships between New Zealand and the globalised world economy, the international film industry and production companies, and the domestic employment relations system. These are proposed as shaping the political and legislative processes that occurred in relation to the local film sector, bringing a number of consequences for workers and the domestic labour movement. * Nigel Haworth is Professor of Human Resource Development in the Department of Management & International Business, University of Auckland. Private Bag 92019, Auckland, New Zealand. Email: n.haworth@auckland.ac.nz Book Review Erling Rasmussen. (2010). Employment Relationships: Workers, Unions and Employers in New Zealand. Auckland: Auckland University Press. JOHN MURRIE* * John Murrie is PhD student in the School of Aviation at Massey University Copyright © 2004 Alpha Web Design. All Rights Reserved |
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